Unemployment and Disability Confusion

My father worked in the steel industry 27 years and had a injury to his left arm. It has caused permenant damage and he is limited to 5 pounds use of that arm for life. He was just kicked off workmans comp because they did all they can do, and his company closed its doors. At my urging he has filed for SS Disability, because it is not reasonable to expect a skilled trade steel worker to find a job lifting under 5 pounds. However, he is still able to work. So I think he should file for Unemployment and look for work (although medically limited) while the Social Security Disability application process is proceeding...

Has anyone heard of this, and is it legal? Because he CAN work, but is severely limited for finding work in his skilled trade.

I would speak with an attorney and also speak with his doctor before you do anything and I'll tell you why. If he files for unemployment and is actively seeking work, if he is employed and working then his disability case may be negatively impacted.

As you stated, if he does anything else...the money will probably be less and will not be anything in his line of work. He will probably make less money than he would on disability. Being that his injury is legitimate and was in the line of work, I think he should be entitled to disability benefits.

Now if he is able to do work that would adequately pay him, then by all means go to the unemployment office. (BUT you can probably forget the disability case).

My father does have the detailed medical reports from the many doctors he has been to over this injury.

He does not possess any other skills that might enable him to find another job, other than the fast food counter worker and even that is doubtful with the extreme limited use of his arm. He is 57.

He is unemployed now. Immediately after workmans comp released him, he was placed on unemployment by his employer who has closed their doors.

Quote:

"I think if the doctor suggests that he won't be able to work then he can't project himself as actively seeking employment which is a requirement for UI benefits."

...The doctor said he CAN work, if he does not use his arm. So he is not being dishonest when he tells UI that he is able to work, however with medical restrictions.
However he does appear to meet the requirements of SS disability.

I just read my reply and I can see where I haven't explained this correctly or clearly, I am sorry. Let me clarify here a bit.

1. He was placed on unemployment by his employer (but he has not yet applied for UI). His place of employment has gone out of business.

2.) The doctor has cleared him for work with major medical restrictions, and that same doctor suggested he apply for disability.

Working in a skilled trade for 27 years, he can no longer work in that field of his ability. His condition will not improve. This meets the SS Disability requirement when the person is not reasonably trainable in another field (as I understand it)

He is afraid of legal action, if he files for disability and UI at the same time.
I would think he could collect UI while the lengthy process of his disability application process proceeds as long as he is honest with both. Meaning tell UI that he has a medical restriction (I assume people with medical restrictions can still collect UI), and let the disability process begin. Thankfully he has a 4 inch stack of medical reports, test results and the like to make the disability process go a bit faster I would hope.

I spoke with one of my friends this morning (who happens to be a social security disability attorney). We're here in SC, but the information should still help put your mind at ease a little bit. After I briefly explained the situation to him, he said that you really don't have anything to worry about, and here is why...

The company went out of business and had it not, workman's comp would still be paying him. They therefore included him in the employees that were "sent" to the unemployment office. His unemployment should, however, not be paid based upon his normal wages...but rather paid based upon his workman's comp wages (probably about 2/3 or his regular income).

He needs to go into the unemployment office and take in a letter from his physician detailing his medical restrictions. He needs to actively seek work, with the help of the employment security commission (unemployment office)...but only needs to seek work for which he would be qualified and able to do. While he is cooperating and working with the unemployment office, he can absolutely still apply for SDI.

After all, he will be earning considerably less and as you stated is unable to continue his career. He needs to do his best to "actively seek work," so there needs to be a legitimate effort...but at the same time, he is entitled to stick ONLY to the recommendations made by the doctor.

Unemployment claims require that you are capable of working and actively seeking work. Disability claims require that you cannot work. The two are mutually exclusive.

You may be confused. If you were injured on the job, that is a Workers' Compensation claim. It has nothing to do with unemployment claims. Were you employed or unemployed immediately following your injury?